Drug Crimes
Defense in Czech Republic
Czech drug law can be harsh — especially for trafficking and production. Knowing the thresholds and your defense options is critical.
Personal Use Thresholds (Government Decree No. 467/2009 Coll.)
| Substance | Personal Use Threshold | Above = Criminal |
|---|---|---|
| Cannabis (THC) | 15 g (dried plant) / 1.5 g THC | Above threshold |
| Methamphetamine | 2 g | Above threshold |
| Cocaine | 1 g | Above threshold |
| Heroin | 1.5 g | Above threshold |
| MDMA (Ecstasy) | 1 g (4 tablets) | Above threshold |
These are indicative thresholds only. Always seek legal advice regarding your specific situation.
Possession of Drugs (Přechovávání omamné látky)
§ 284 Criminal Code
Czech law distinguishes between possession of a 'small amount' (malé množství — for personal use) and possession of larger quantities. A government decree specifies thresholds for each substance. Possession of a small amount for personal use was decriminalized (administrative offense), but criminal liability applies above those thresholds.
Possible defense angles
- →Quantity — is the amount within the personal use threshold?
- →Challenge ownership — was it actually in your possession?
- →Argue the substance was for personal use, not distribution
- →Challenge the testing method and substance identification
Drug Trafficking & Distribution (Nedovolená výroba a jiné nakládání s OPL)
§ 283 Criminal Code
Producing, importing, exporting, transporting, possessing with intent to supply, or distributing narcotic substances. One of the most severely punished offenses in Czech law. Sentences increase dramatically for larger quantities, organized groups, and involvement of minors.
Possible defense angles
- →Challenge intent to distribute — argue possession for personal use
- →Quantity calculations and method of assessment
- →Challenge participation in organized group
- →Covert operation / entrapment (agent provocateur)
- →Challenge chain of custody of drug evidence
Drug Production (Výroba drog)
§ 283 Criminal Code
Manufacturing or cultivating narcotic or psychotropic substances without authorization. This includes producing cannabis for personal use, synthesizing pills, or running a laboratory. Even preparatory acts (acquiring precursor chemicals) can be criminalized.
Possible defense angles
- →Challenge the scale of production
- →Argue production was solely for personal use
- →Challenge the definition of 'production' vs. mere possession
- →Challenge search and seizure procedures
Enabling Drug Use / Spreading Drug Addiction (Šíření toxikomanie)
§ 287 Criminal Code
Inducing another person to use addictive substances, or otherwise spreading addiction. Includes providing drugs to another person for their use — even if no money changes hands.
Possible defense angles
- →Challenge the 'inducement' element
- →Argue both parties were already users
- →Challenge evidence of actual transfer
- →Mental capacity / addiction of defendant
Arrested for a Drug Offense?
Say nothing to police. Call us immediately. Drug cases are time-sensitive and the first hours are critical.